Probate

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Probate Attorney in Kirkland, Washington

probate attorney kirkland

Suffering the loss of a loved one is difficult. The added stress of disputes over wills and distribution of assets can make the loss overwhelming. We have experience representing clients in probate process, trust administration, will contests, TEDRA matters, and probate litigation. When a beneficiary, or non-beneficiary, wishes to challenge the validity of a will, the challenge may end up in litigation. Stephen Eggerman, an experienced wills and probate lawyer can advise you of your rights in such cases and litigate the issues if necessary.

We have experience representing clients with a variety of legal probate issues, including probate and living trust administration, missing property, creditor claims and will contests. If you are concerned about your position as a personal representative, Executor, Trust Administrator or beneficiary of an estate in probate or trust administration, please contact us anytime to schedule a consultation which is usually at no charge.

Probate Law in Washington State

Legal probate is the administration of an estate upon death. Specifically, “administration” generally means:

  • Assets are determined
  • Debts are paid
  • Property is distributed pursuant to the Will (if any) or the laws of intestate succession (the statutes governing distribution if there’s no Will).
  • If there is a Will, the initial appointment should be with the Personal Representative nominated in the Will to administer the estate. If there is no Will or the named Personal Representative is unable or unwilling to serve, the appointment may be with the surviving spouse, or other family member or close friend.

For an initial appointment, it is very helpful if you bring:

  • A copy of the Death Certificate,
  • The original Will (if any),
  • A list of names, addresses, and dates of birth of family members,
  • A list of the decedent’s assets and liabilities.

Second meeting: During this meeting clients will review and sign documents to be filed with the Court. Documents may include the following:

  • A request for you to be able to administer the estate, to serve with non-intervention powers (which means that you will have minimal interference from the court in your duties)
  • Proposed orders requesting the same
  • A Notice to Creditors
  • A Notice of Appointment and Pendency of Probate
  • An Oath (saying essentially that you will be honest and try to do a good job in administering the estate).
  • Other documents may be needed depending on the contents of the Will, or your individual circumstances if there is no Will.

The Probate Process

Petitioning the Court In order to initiate the legal probate proceeding, a court appearance will be made by our office. You may choose to go to court, but it is usually not required. Creditors After the court appearance, once you have been officially appointed by the court to administer the estate, we will arrange for a Notice to Creditors to be published in a local newspaper. Once the Notice to Creditors is published, generally speaking, creditors have four months to file claims. If all other work related to the estate can be completed in this four-month period, the estate can be closed shortly after the period ends. Estates often receive claims related to creditors, and the office will handle all of these claims on the estate’s behalf pursuant to the legal requirements. Personal Representative’s Tasks As a personal representative, you will usually need to take possession of all assets of the deceased’s estate by consolidating accounts into one estate account with a separate tax identification number, and may need to potentially sell some assets and deposit the proceeds into the estate account. You will also inventory and value those assets; ascertain the estate’s creditors, take steps to settle the deceased’s affairs as quickly as possible without sacrifice to the estate; and keep records and accounts of all transactions affecting the estate. Eggerman Law Firm will assist you in completing all of these tasks. You will want to retain a CPA to assist you in all tax matters related to the estate. In addition to working with you on the tasks outlined above, a probate lawyer will provide notices to the heirs, creditors, Department of Revenue and Department of Social and Health Services pursuant to the legal requirements for each type of notice. We will work together to create an inventory of the decedent’s assets as of the date of death, and we will provide the requisite analysis as to the classification of assets. Wrapping up the Estate After the four-month period for creator’s claims has expired, and all claims, taxes and fees are paid, we will work with you to make a final distribution of assets. Then we will draft, file and serve all documents related to closing the estate. You will be discharged as the Personal Representative when the estate is closed. The process should not be overly stressful or expensive with the help of an experienced probate attorney. All estates, whether or not the person had a will, usually must go through the probate process, except in the following cases: Estates valued at less than $100,000 can sometimes be handled through a simple, non-probate procedure. Eggerman Law Firm can help draft and process the Small Estate Affidavit. Community Property Agreements Assets covered in a community property agreement bypass probate and pass directly to the surviving spouse with some simple documents filed with the county. Living Trusts Assets held in a living trust or other types of trusts bypass probate and may pass to the trustee beneficiaries. Eggerman Law Firm is dedicated to alleviating anxieties and helping clients settle an estate with the least time, expense, and hassles. If you have been appointed to administer an estate or trust, Eggerman Law Firm will guide you through all duties, helping as much or as little as needed with the following:

  • Applying for life insurance or retirement benefits on behalf of beneficiaries
  • Identifying assets and debts
  • Identifying heirs and distributing the remaining assets
  • IRA transfers issues
  • Opening an estate and proving the will
  • Notifying creditors and paying debts of the estate
  • Selling or transferring a business, real estate, or other assets
  • Transfer of trust powers to the successor trustee

To arrange your initial consultation with a veteran trust administration and probate lawyer, please contact the Eggerman Law Firm PS at 425-828-9509.